The Permanent Court Of International Justice

1515 Words4 Pages
bulb-icon

Recommended: Role of the United Nations

One of the purposes of the United Nations is to “bring about by peaceful means and in conformity with the principles of justice and International Law, adjustment or settlement of International dispute or situations which might lead to a breach of the peace.”
The idea to create World Court for the international community gets a way through atmosphere engendered by the Hague Conference of 1897 and 1907. The acceptance of definition of Arbitration in article 37 of the 1907 Hague Convention helps in establishment of Permanent court of Arbitration because it was presumed somewhere that International arbitration was held to be the most effective and equitable manner of dispute settlement, where diplomacy had failed. After the conclusion of First World War the Covenant of the League of Nations called for the formulation of World Court and in 1920 the Permanent Court of International Justice (PCIJ) was created. PCIJ created with intention to provide reasonable comprehensive framework for easily accessible methods of dispute settlement for serving the international community.
Unfortunately after the dissolution of World War II PCIJ was superseded by the International Court of Justice (ICJ), gain power from the article 92 of the Charter as the ‘principle judicial organ’ of the United Nation. Moreover ICJ is continuation of the Permanent Court, with virtually same statutes and jurisdiction.
The Court is composed of fifteen judges of different nationalities, who are elected by the General Assembly and the Security Council. The Court has a dual role: to settle in accordance with international law the legal disputes submitted to behalf of States, and to provide advisory opinions on legal questions presented to it by duly authorized internat...

... middle of paper ...

...asures taken by Canada with respect to vessels fishing in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area.” And finally it is concluded that ICJ lacks jurisdiction and therefore could not proceed with the case.
(b.) Advisory Jurisdiction
According to Article 65 of International Court of Justice court is empowered to give advisory opinion on any legal query or question. All the International Organisation with due permission of General assembly can seek opinion from the court on any legal question within the scope of the activities requesting organisation. In WHO Opinion case the same guidelines were conferred but it is also held by the court that ICJ again lacks jurisdiction because none of the WHO function provided in Article 2 of the WHO constitution has appropriate connection with the question arise within its scope of the activities.

Show More
Related

  • The Rifle John Byam

    736 Words  | 2 Pages

    Next in 1899, 1907, 1954 the International Peace Convention (originally The Hague Convention) where held because, in the last wars multiple cultural, art, literature and artifacts pieces were destroyed. Also, the community notice the rise in technology of weapons. The rules of war from the two convention consist of National and Cultural Symbols, Chemical and Biological warfare, Wounded and Sick Soldiers, POW (Geneva III), Civilians and Occupation, and Cultural Property. All of those are rules of war and the are severe consequences if they are broken. The United Nations and International Court of Justice (also known as the World Court) will take care of war crimes. Multiple other organizations were made by the U.N. to take care of certain wars for people such as, Nazi's and The Civil war in Yugoslavia. All countries are suppose to respect and follow the rules of war no matter the

    Read More

  • Where is International Law Heading?

    2254 Words  | 5 Pages

    International law can go through substantial changes if the privileged legal subjects, states, share a common will. Whenever the circumstances are such, the actors can convene a conference and after a series of negotiations, they might conclude an international agreement among themselves resulting in a new setup of international law. From a procedural point of view, therefore, it is rather simple to ‘make’ international law. If the substantive elements significantly overlap (i.e. common denominator of state interests), international law can be altered in line with the will of the parties. This essay deals with four such fields which have significantly been modified during the post-1940 period: human rights, environmental law, law of the sea, and space law. The first two are of particular importance as they have overarching effects in relation to other legal fields.

    Read More

  • Canadian Supreme Court

    1089 Words  | 3 Pages

    On the 25th May 1984 Musqueam Band Member Ron Sparrow was caught fishing in the traditional Indian Fraser river fishery, using a 45 fathom drift net in direct contravention of his band’s food fishing licence issued by the Canadian Department for Fisheries which stipulated that Musqueam band members could only use drift nets 25 fathoms long to reduce their catch in the interest of conservation of the fishery. The Musqueam community decided to defend Ron Sparrows use of a longer drift net on the basis of the Band’s aboriginal fishing rights and the new constitutional recognition and affirmation of aboriginal rights in section 35 of the Canadian Constitution, which is part of the supreme law of Canada.

    Read More

  • The Prosecutor V. Uhuru Muigai Kenyatta Case Study

    1272 Words  | 3 Pages

    For the first issue of the case, it is regarding to the legal basis on witness preparation in International Criminal Court. For this issue, the court held that it is neither practical nor reasonable to prohibit pre-testimony meetings between parties and the witnesses they will call to testify at the trial. This is because regarding to the article 64 of the Statute, it is stated that “The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses”. The judges refer to this article which give the judges a significant degree of discretion concerning the procedure so that the right of the victims and witnesses will be protected. In addition, the Chamber adds that the preparation of judicious witness which aimed at clarifying a witness's evidence while being carried out with full respect for the rights of the accused will help in enabling a more accurate and complete presentation of the evidence and assisted in the truth finding function of the

    Read More

  • George Orwell's 1984

    892 Words  | 2 Pages

    every nation in the world belongs to the United Nations. The United Nations has four purposes: to maintain international peace and security; to develop friendly relations among nations; to cooperate in solving international problems and in promoting respect for human rights; and to be a center for harmonizing the actions of nations.The United Nations is not a world government though,and it does not make laws.

    Read More

  • International Relations

    2631 Words  | 6 Pages

    ...th 2001). Roth argues that the concept of international jurisdiction is not a new idea but was exercised by the US government in the 1970 after an aircraft hijacking. Also the war crime courts established after the end of World War II exercised international jurisdiction. In fact the Geneva Convention states that is a person regardless of their nationality should be brought before the court of any state in which that person has committed grave breaches of law and convention. Roth states that the concept of international jurisdiction is not a new one but that only in recent years have states been willing to act on universal jurisdiction and go after criminals of the international community regardless of their stating or power within the international community. Roth believes in the ability and authority of international organizations and institutions (Roth 2001).

    Read More

  • The Enforcement of International Law

    4713 Words  | 10 Pages

    “On November 21, 1947, the General Assembly of the United Nations adopted resolution 174 (II), establishing the International Law Commission and approving its statute.”[2] The International Law Commission encourages the development of international law and its codification. The Commission deals primarily with public international law, but also hears private cases as well.[3] International law is applied within an international community, such as the United Nations, and functions to define the proper norms or standards for members to abide by in a collective manner. Examples of such standards could be a ruling on The Universal Declaration of Human Rights or on threats to peace within the International Community.

    Read More

  • United Nations Security Council Reform

    5425 Words  | 11 Pages

    Fifty-eight years after the signing of the Charter, the world has changed dramatically. Its universal character and comprehensiveness make the United Nations a unique and indispensable forum for governments to work together to address global issues. At the same time, there remains a large gap between aspiration and real accomplishment. There have been many successes and many failures. The United Nations is a bureaucracy that struggles – understandably – in its attempt to bring together 191 countries. It must come at no surprise, therefore, that a consensus cannot always be reached with so many different competing voices.

    Read More

  • United Nations

    747 Words  | 2 Pages

    5.     The UN can be so ineffective because they do not have the power they would like to have. The United Nations have no power under the current charter to simply waltz into a countries disputes with out any permission being granted. Both countries must invite the UN in, but the Security Council must also agree with this as well. The countries involved in the Security Council must also provide the necessary manpower quickly. This takes time and hinders the UN’s power.

    Read More

  • Is International Law Really Law?

    1727 Words  | 4 Pages

    International law is a body of legally binding rules that are suppose to govern the relations between sovereign states. (Cornell Law School) In order to be a qualified subject, a state has to be sovereign. To be considered sovereign the state needs to have territory, a population, and a government that is recognized or legitimized to most other states. In the more modern explanation of international law now can include the rights and obligation on intergovernmental international organizations and even individuals. Examples of an international organization would be Greenpeace or the United Nations and an example of an individual would be war criminals, a leader of a state that violated human rights during a time of war. When a dispute arise and cannot be solved amongst the two actors involved they can turn to the U.N. to arbitrate and to the International Court of Justice, one of many courts within the U.N. to find a resolution to their problem. The International Court of Justice’s main task is to help settle legal disputes submitted to it by states and...

    Read More

  • Public International Law

    1772 Words  | 4 Pages

    Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies.  International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law.  Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...

    Read More

  • The Lotus Case: The Case Of The Permanent Court Of International Law

    1681 Words  | 4 Pages

    States are left with a wide discretion, limited only by prohibitive rules and wherein no such prohibitive rules exist, States have the freedom to adopt the principles that it regards as best and most suitable. The ICJ effectively held that acts or omissions that are not prohibited under international law are

    Read More

  • Subjects of International Law

    1121 Words  | 3 Pages

    About the power of the subjects of international law, it is the basic properties, the special legal ability of the subjects that inherited the rights and shoulder the obligations, legal responsibility in international legal relations. Subjects' power includes two aspects, and only when ones get all these two aspec...

    Read More

  • The importance of the constitution

    852 Words  | 2 Pages

    The courts primary purpose is to repress totalitarianism by supporting democracy, though constitutional values are greatly violated. Most of the time, constitutional values are violated by the legislature and executive powers. To minimize the violations, constitutional jurisdiction was established which secures democratic constitutional stability and eliminates suppression of democratic values. Certainly one may think that the constitution and constitutional courts are the “weapons” in the hands of power to set down mutual interests and relations. However, constitutional law, establishing a framework for the society and its members, belongs to every and every one, who can count on it whether it is unwritten or written.

    Read More

  • The United Nations

    310 Words  | 1 Pages

    Fifty-one countries established the United Nations also known as the UN on October 24, 1945 with the intentions of preserving peace through international cooperation and collective security. Over the years the UN has grown in numbers to include 185 countries, thus making the organization and its family of agencies the largest in an effort to promote world stability. Since 1954 the UN and its organizations have received the Nobel Peace Prize on 5 separate occasions. The first in 1954 awarded to the Office of the United Nations High Commissioner for Refugees, Geneva, for its assistance to refugees, and finally in 1988 to the United Nations Peace-keeping Forces, for its peace-keeping operations. As you can see, the United Nations efforts have not gone without notice.

    Read More

More about The Permanent Court Of International Justice

Open Document